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-422- <br /> <br />residential or commercial equivalent shall be eligible for funding by the <br />City. Source of City funding shall not be a determinate of financial <br />participation. <br /> <br />Assessments. The procedure for the installation and assessment of the cost <br />of improvements under this Section shall be the same as that pr,---,~* ' *-" <br />improvements in areas zoned for Residential classifications <br />§9.50.50 Subd. 4 except that: <br /> <br />The financial surety guaranteeing payment of the special assessments <br />for sanitary sewer, storm water and water system improvements shall <br />obligate the owner or subdivider for the length of the assessment. <br /> <br /> Subd. 6. Subdivider May Perform Work, Election. The owner or <br />subdivider may elect to construct the improvements required by this Section at his own expense <br />and without City pm~ticipation in the expense thereof. In such event, the owner or subdivider <br />may retain an engineer and contractor to plan, design and install such improvements, subject to <br />review and inspection by the City Engineer. The estimated cost of the improvements, including <br />the administrative charges of the City for supervision and inspection, shall be included in the <br />owner or subdivider's Development Agreement with the City pursuant to §9.50.50 Subd. 7, and <br />in a form of acceptable to the City equal to 125% of the total cost of such improvements as <br />estimated by the City Engineer including the billable estimated expense of the City for <br />engineering, legal, fiscal, administrative, and other expenses incurred by the City in connection <br />with the making of such improvements by the City. <br /> <br /> Subd. 7. Development Agreement. Prior to the installation of any required <br />improvements by a subdivider and following Council approval of the final plat, the subdivider <br />shall enter into a Development Agreement with the City, which Development Agreement shall <br />require the subdivider to construct said improvements at the sole expense of the subdivider and <br />in accordance with City approved constructions plans and specifications and all applicable City <br />standards and ordinances. Said Development Agreement shall provide for the supervision of the <br />construction by the City Engineer and shall require that the City be reimbursed for all costs <br />incurred by the City for engineering and legal fees and other expenses in connection with the <br />making of such improvements. The performance of said Development Agreement shall be <br />financially secured by a financial surety in a form acceptable to the City. The Development <br />Agreement shall also provide that the subdivider give a one year warranty and guarantee to the <br />City from date of acceptance by the City on all improvements constructed on behalf of or <br />dedicated to the City. <br /> <br /> Subd. 8. Construction Plans (All Development Areas). Construction <br />plans and specification for the required improvements conforming in all respects with the code <br />and ordinances of the City shall be prepared at the expense of the subdivider by a professional <br />engineer registered by the State of Minnesota. Such plans and specifications shall be approved <br />by the City Engineer and shall become a part of the Development Agreement. Prints of said <br />plans and specifications shall be filed with the City, as required by the City Engineer. <br /> <br />9.50 Subdivision Regulations <br /> <br />9-44 <br /> <br />March 2003 Draft <br /> <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />